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Ethics and Confidentiality

Ethics and Confidentiality in Criminal Justice Two of the most important terms in the criminal justice system which not only protect the rights of the accused, but also of the system which is judging them, are the terms ethics and confidentiality. Ethics is the study of morality and what constitutes good behaviour. Confidentiality is the insurance that certain sensitive information is only shared with those individuals who have the authority to access it. The use of both of these terms not only exists within a court of law. They also play a major role outside of the courtroom in the case of judges, lawyers, jury members, police officers, court counsellors, etc. The main purpose of them being to protect information, at the individual level, it affords people the right to privacy and not to incriminate themselves. It provides them the right to share the amount of information they wish to divulge, to whomever they wish. “If they share it with doctors, lawyers, ministers, they are of course bound by their confidentiality to keep such information secret, whether it incriminates the individual or not” (Good Samaritans, 2009). Privacy is not only a constitutional right, but also, a moral one as well afforded to nearly all citizens. Perhaps the greatest example of this confidentially agreement between an individual and a health, law or religious representative is one of attorney client privilege or even doctor patient confidentiality. This form of relationship is essential between a client and his attorney or his doctor since it creates an atmosphere of trust between them where the client can reveal information without fear of incrimination. The importance of this in the case of lawyers is of course to prepare the best defence for their client. The main purpose of this is of course to ensure that the professional and the individual have a more singular goal rather than two separate ones. However, it must be said that unlike the profession of law, the...

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...Running head: ETHICS OF CONFIDENTIALITYEthics of Confidentiality
Stacy L. Reynolds
Grand Canyon University: NRS437V
March 24, 2012
Ethics of Confidentiality
In a television episode of ER which aired on NBC in 2000, a nurse became aware of risky sexual behaviors that had led to a 14 year old girl having a sexually transmitted disease (STD) and cervical cancer. Prior to finding this information out, the nurse had promised the patient that she would not tell anyone about whatever the patient discussed with her. But upon realizing the high risk of the girl’s behavior, the nurse came to find herself in a dilemma of whether or not to reveal how the girl had contracted the STD which led to her cancer because of the public health risks. Although maintaining confidentiality is a cornerstone of the nurse-patient relationship, there are instances wherein protection of the greater good must prevail.
There are basic ethical principles expected by consumers of health-related services. Altruism, beneficence, respect for autonomy, veracity, fidelity, and justice are cited as fundamental values. (Maurer and Smith, 2010) These notions are not only implied, but mandated through standards of care, professional organizations, and federal law. ANA Code for Nurses asserts that the most important ethical principle of nursing practice is “respect for the...

...In the nursing profession, keeping patient confidentiality is of the upmost concern. It is an important feature of the nurse -patient relationship and must be maintain as basis of providing care. Confidentiality is described as respecting other people’s secret and keeping security information gathered from individuals in the privileged circumstances of a professional relationship. (Lee and Godbold , 2012). The privacy act offer nurses some flexibility in using professional opinion regarding disclosure of information; however safe guards must be utilized (McGowan 2012). In the following paragraph, implications of breach of confidentiality and application of ethical principles and theories in decision-making in an ethical dilemma with reference to article by Nathanson , (2000)entitled “ Betraying Trust or Providing Good Care? When is it Okay to Break Confidentiality?” will be addressed.
Confidentiality is fundamental in the healthcare system. When Confidentiality is breeched, it may deter patients from seeking treatment for fear of disclosure of one’s personal information (Beech 2007). Confidentiality can result in legal and professional problems, distrust, disrespect, and feelings of betrayal and or poor compliance with treatment. The question then arises, when is it okay to breech confidentiality between a patient and the healthcare provider?...

...﻿Kelly Franco
Student ID number: 4194960
Paralegal Ethics
Page 78
1. When an attorney agrees to represent a client the attorney and the client create a responsibility of confidentiality. This is so that the client can feel free to speak about all the facts of the case with the lawyer without fear of repercussion. After the case is over this responsibility of confidentiality does not end. Is as if we would say that after a patient walks out of the doctors office the doctor is now able to talk about the patients health problems freely with others. In order for an attorney to speak about confidences of a client in a book an attorney must be granted consent by the client and or the identity of the client nor anything that identifies a client can be directed in the book towards the true client.
2. If I lived in a jurisdiction that followed the model rules of professional conduct, it would be my ethical duty to report the probability of this client harming his sister. It is the ethical responsibility that unless great danger or harm to oneself or others can be avoided by revealing the information must remain confidential.
3. Since the Smith’s are going through a divorce and I have the responsibility of keeping the information of my client confidential, The accountant calling in regards of the income tax files will have to try and get the information from Mr. Smith himself. There is no way that I can verify that this is truly the...

...electronic access to Mrs. Z’s records. The nurse states she will talk with Dr. F about his request.
Dr. F and the nurse discuss the situation related to patient confidentiality. They use a decision-making process and review the limits of confidentiality and the good or harm in respecting Mrs. Z’s request not to share information. They base their decision making on their commitment to professional standards and their desire to ensure that Mrs. Z receives the best care possible.
INTRODUCTION
Ethical decisions are made every day, by all peoples and all cultures. Ethical values are shaped by culture and can differ from person to person. Ethical dilemmas occur often in healthcare where all peoples and all cultures are thrown together for a common cause—the pursuit of health and well-being. Ethical comportment is important for professionals to insure the stability and success of the profession as well as to foster trust which is vital to all care relationships and especially to nursing. Nursing professionals have a need to recognize ethical dilemmas and to have a systematic process for navigating through ethical decisions. Making ethical decisions is a multidisciplinary process in which the nurse, as a patient advocate and medical professional, needs to be an educated and full participant.
Having a working understanding of ethics involves several concepts. The nurse should be familiar with the ethical code for nurses. The...

...performance and ethics for nurses and midwives’ (2008) states:
"You must respect people's right to confidentiality."
"You must ensure people are informed about how and why information is shared by those who will be providing their care."
"You must disclose information if you believe someone may be at risk of harm, in line with the law of the country in which you are practising."
Confidentiality
A duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. This duty of confidence is derived from:
common law – the decisions of the Courts
statute law which is passed by Parliament.
Confidentiality is a fundamental part of professional practice that protects human rights. This is identified in Article 8 (Right to respect for private and family life) of the European Convention of Human Rights which states:
1: Everyone has the right to respect for his private and family life, his home and his correspondence.
2: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and...

...﻿
Confidentiality in Health Care
Abstract
The Health Information Portability Accountability Act was enacted to prevent patient’s private health information from being disclosed without authorization. The Health Information Portability Accountability Act has different sections which define what covered entities are, and explain what minimum necessity is in relation to patient’s private health information. This paper also discusses what the penalties may be for different types of private health information breaches under the Health Information Technology for Economic and Clinical Health Act.
Confidentiality in Health Care
Under the Health Information Portability Accountability Act (HIPAA) Privacy Rule which applies to covered entities defines covered entities as health plans, health care clearinghouses, and health care providers who transmit any health information electronically in connection with transactions (Miller and Schlatter, 2011). These transactions concern billing and payment for services or insurance coverage. Covered entities can be institutions, organizations, or persons. The Privacy Rule only applies to covered entities so many organizations that use, collect, access, and disclose identifiable health information will not have to comply with the Privacy Rule if they do not meet the definition of a covered entity.
The Privacy Rule generally requires covered entities to take reasonable steps to limit the use or disclosure of and...

...The definition of confidentiality is “the principle in medical ethics that the information a patient reveals to a health care provider is private and has limits on how and when it can be disclosed to a third party.” http://medical-dictionary.thefreedictionary.com/confidentiality
In the field I am entering, the main idea of having confidentiality is to gain the clients trust. At any time this confidentiality is broken or the private matters are disclosed it is called a breach of confidentiality. Patients have the right for privacy related to their matters and it has to confidential among any one treating them. Breaching confidentiality is morally, ethically and legally wrong.
Ethics are a set of principles relating to what is morally right or wrong. Ethics gives a standard of conduct or code of behavior. Talking about what happened to a client or who the client is, is breaking the confidentiality contract. When you work anywhere you deal with clients you have to learn the code of ethics and ALWAYS remember confidentiality. You should make every effort to abide by the code so you can become a competent and ethical health care worker. It is important to be sincere, honest, and caring. You need to treat others, as you want to be treated. Show respect and concern for the feelings, dignity, and rights of others...

...Davis with the purpose of “To promote advancement of medicine, medical education standards and governing medical ethics,” reflects their social responsibility and commitment to America’s health care industry (American Medical Association, 1995-2013). The American Medical Association is an organization that bases its philosophies on core values and a strong code of ethics. The goal of the AMA is to improve the healthcare industry for patients and medical professionals while developing acceptable ethical behavior. This paper will analyze the relationship between the AMA’s code of ethics and core values.
AMA
As stated earlier, the AMA is here to promote advancement of medicine, medical education standards and governing medical ethics. The AMA’s philosophies set the goals they want to attain. The AMA identifies the need for change and believes that sound leadership is crucial to the success of healthcare. They build on their heritage of be the leaders in medical professional ethics, developing medical education standards and advancing science all while serving as the voice for core values in medicine (AMA, 1995). The Council on Ethical and Judicial Affairs governs and composes AMA ethics policies and updates for the Code of Medical Ethics. This guidance expresses the overarching values of medicine as a profession. The Code of Medical...